Acceptable Use Policy (AUP) - CRM, Email Marketing, eCommerce, Automatic Follow-up

INFUSIONSOFT ACCEPTABLE USE POLICY ("AUP")

All products and services provided by Infusionsoft may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any United States Federal, State or local laws is strictly prohibited. Customer agrees to indemnify and hold harmless Infusionsoft from any claims resulting from Customer's use of the service which damages Customer or any other parties, including attorney's fees.

Infusionsoft will not be liable for any interruptions in service or other monetary loss related to enforcement of the Infusionsoft Terms of Service (TOS), including this Acceptable Use Policy.

Services Provided.
Infusionsoft provides Customer with Web-based sales and marketing automation software that includes e-mail, fax, voice broadcast, e-Commerce and affiliate functionality. All services provided must be used by Customer in compliance with the Infusionsoft Terms of Service.
Customer Obligations.
Customer agrees to use Infusionsoft's services in a manner that is legal, appropriate and in conformity with industry standards and to respect the privacy of consumers. More specifically, Customer agrees to abide by Infusionsoft's requirements governing the use of the various components of the services, as described below:
1. E-Mail.
  Infusionsoft strictly prohibits any involvement in Unsolicited Commercial E-mail campaigns (UCE, more commonly called "Spam").
  1. Infusionsoft maintains a Zero-Tolerance policy against Spam, whether direct, indirect or through any affiliate or agent acting on the Customer's behalf.
  2. As determined by Infusionsoft's sole discretion, Customer shall have proof that all individuals in the Customer's database have opted in or otherwise agreed to receive communications from Customer.
  3. All lists used in conjunction with the services provided by Infusionsoft are required to be 100% solicited (opt-in) lists. This means that the individuals on the list have agreed to receive information from your business entity. The practice of bartering, purchasing or renting lists of names and sending e-mails to those people is strictly prohibited.
  4. Furthermore, in accordance with CAN-SPAM legislation, all e-mail messages sent using Infusionsoft's services must have an opt-out link, must include a valid physical address of the sender and must contain a clear subject line that does not mislead the recipient as to the contents of the e-mail. Customers are advised to consult their own attorney to ensure compliance with all Federal, State and local laws.
  5. The opt-out link may not be excessively "padded" with line-breaks or similar means to deceive recipients.
  6. The complaint rate ("feedback rate") may not exceed the accepted industry standard at the time of transmission. Failure to comply will result in penalties and restrictions as defined under Violations and Penalties, below.
    1. As of this writing, the industry standard for complaint rates is less than .1% (1/1000). It is Customer's sole responsibility to maintain under the then-current industry standard.
2. Fax.
  Infusionsoft strictly prohibits the use of its facsimile ("Fax") services for illegal or appropriate purposes. Customer agrees that all faxing services provided by Infusionsoft will be used only for proper legal purposes and in a lawful manner. Customer must have permission from each recipient in order to send faxes to that recipient.
3. Voice Broadcast.
  Infusionsoft strictly prohibits the use of its voice broadcasting services for illegal or unethical purposes. Customer agrees that all voice broadcast services will be used only for proper legal purposes and in a lawful manner.
  1. Customer may not send voice broadcasts to any individual listed on the National Do Not Call Registry, unless Customer has express permission from the recipient to receive voice communications from Customer.
4. E-Commerce.
  Infusionsoft provides e-Commerce services including Web Form(s), Sale Form(s), tracking links, redirected "Landing Pages," etc. Customers may not send unsolicited communications whether through Infusionsoft's services or by means of third-parties which direct individuals to any Infusionsoft e-Commerce services that reference Infusionsoft.
5. Affiliates.
  Any and all of Customer's affiliates are bound by the terms of the Infusionsoft Terms of Service. Customer is solely responsible for ensuring their affiliates are compliant to the Infusionsoft Terms of Service. Customer's failure to ensure their affiliates' compliance will be subject to the enforcement these policies.
6. Privacy Policy.
  Customer must publish, enforce and abide by a privacy policy which protects its customers' personal information in its possession or under its control. Such privacy policy at a minimum must be as stringent as Infusionsoft's Privacy Policy. In particular, Customer agrees that it will not sell, loan or in any way pledge or hypothecate the personal information of its customers to any other person or entity by way of joint venture or any other agreement.
Violations and Penalties.
Customers who fail to comply with the terms of the Infusionsoft Terms of Service will be subject to the following penalties, including, but not limited to, immediate termination of service.
1. Complaints.
  A $250 investigation fee may be assessed to Customer's account for each complaint of unauthorized communication that Infusionsoft receives involving a Customer's account. This non-refundable fee goes toward confirming complaints either digitally or verbally between sources of complaints.
  1. "Complaints" may include, but is not limited to individual reports e-mailed to abuse@infusionsoft.com, third-party ISP complaint notifications, notification from anti-spam organizations such as "SpamCop" and internal heuristic research performed.
2. Notice and Communication of Complaints.
  Upon receiving a complaint, Infusionsoft will notify Customer of said complaint and investigate the validity of the complaint. If Customer does not take immediate remedial action to rectify the situation, Infusionsoft reserves the right to suspend Customer's service until Customer has resolved the situation to Infusionsoft's satisfaction, at Infusionsoft's sole discretion.
  1. "Customer Notification" -- Infusionsoft will make a reasonable effort to contact Customer in the form of e-mail, telephone and login notification within the Infusionsoft Application; sourced from information currently on file.
3. Confirmed Violations, Unsolicited E-Mail.
  A $250 non-refundable investigation fee will apply per complaint in the event Infusionsoft determines that Customer sent an unsolicited communication to a recipient who did not agree to receive communications from Customer.
  1. In the event of multiple complaints, Infusionsoft services may be suspended in order to maintain integrity of services provided. Services can only be reinstated by meeting the criteria as determined by Infusionsoft to minimize and address complaints.
4. Confirmed Violations, Complaint Rate, Reactivation Fee.
  In the event complaint rates exceed industry standards, Infusionsoft will immediately suspend e-mail services and notify Customer via e-mail and/or telephone.
  1. A $200 "Service Reactivation Fee" will be applied toward the Customer's account for investigation resources spent toward identifying and addressing high complaint rates.
5. Excessive, Widespread and/or Repeated Violations.
  In accordance with Infusionsoft's Zero-Tolerance No-Spam Policy, Infusionsoft will immediately terminate the account of any Customer found to be involved in a non-compliant marketing campaign or other widespread or repeated violation of the Infusionsoft Terms of Service.
  1. All data contained in Customer's account will be permanently removed.
  2. Customer will be held accountable for any monetary damages suffered by Infusionsoft, due to Customer's actions or inactions. Such monetary damages may include, but are not limited to, loss of Web services, regulatory penalties (e.g., FTC) and punitive damages related to lost clients and revenues due to said violation.
  3. The determination of what constitutes an "excessive, widespread and/or repeated violation" of this policy will be determined by Infusionsoft.
Reservation of Rights.
Infusionsoft reserves the right to terminate Customer's account for any violation of the Infusionsoft Terms of Service.

Infusionsoft reserves the following rights:
1. Questionable Practices ("Inappropriate Use")
  Infusionsoft may terminate Customer's account if Customer engages in any practice that is, in Infusionsoft's sole discretion, objectionable, unlawful, obscene, pornographic, threatening, abusive, libelous or hateful, or that encourages conduct which would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
2. Change of Terms and Conditions
  Infusionsoft reserves the right to change the terms and conditions of this Policy, as needed. Use of Infusionsoft's software and/or services by Customer after said changes constitutes Customer's acceptance of the new Policy.
  1. Infusionsoft will inform Customer when significant changes are made to any policies under the Infusionsoft Terms of Service by means of the Customer's e-mail, currently on file.

ALL CUSTOMERS AND AFFILIATES ARE EXPECTED TO AGREE TO ALL TERMS CONTAINED HEREIN. DIGITAL ACCEPTANCE IS ACHIEVED WHEN CUSTOMERS OR AFFILIATES ACCESS OR IN ANY WAY USE INFUSIONSOFT SERVICES.

FAILURE TO AGREE AND COMPLY WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES.